China’s Prohibited ODI Investments

While China encourages strategic outbound investment, certain categories are strictly prohibited. Projects that threaten national interests or national security will not receive approval or filing clearance from regulators.

Oversight is administered primarily by the:

1. National Development and Reform Commission (NDRC)
2. Ministry of Commerce of the People's Republic of China (MOFCOM)

Without approval or filing confirmation, overseas investment cannot legally proceed.

🚫 Categories of Prohibited ODI1️⃣ Export of Core Military Technologies

Outbound investment involving:

1. Core military technologies
2. Defense-related products

is prohibited unless specifically approved by the state.

2️⃣ Prohibited Export Technologies

Investments that involve:

1. Technologies
2. Processes
3. Products

that are restricted or banned from export under Chinese law are not permitted.

This aligns ODI policy with China’s export control framework.

3️⃣ Gambling and Pornography Industries

Chinese enterprises are expressly prohibited from investing in:

1. Gambling operations
2. Pornographic industries

These sectors are classified as incompatible with public policy and regulatory objectives.

4️⃣ Projects Violating International Treaties

Investments that contravene:

1. International treaties concluded or acceded to by China

are prohibited. This ensures ODI compliance with China’s international obligations.

5️⃣ Projects Endangering National Security

Any overseas investment deemed to:

1. Endanger national interests
2. Jeopardize state security

will be rejected.

This is a broad safeguard provision allowing regulators to block transactions on strategic grounds.

⚖️ Regulatory Consequence

Prohibited projects:

• Will not receive approval

• Will not receive filing confirmation

• Cannot proceed through foreign exchange registration

• May expose enterprises to administrative penalties

🎯 Key Takeaway

China’s ODI framework is not simply about economic expansion—it is closely aligned with:

• National security policy

• Export control laws

• Public order considerations

• International treaty obligations

Enterprises planning outbound investment must conduct careful sector screening before engaging with regulators.